DEBES v. MONROE CO. WATER AUTH.


16 A.D.2d 381 (1962)

John L. Debes, Respondent, v. Monroe County Water Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 18, 1962.


Attorney(s) appearing for the Case

Reilly, McLouth, Lines & Wilkens (James A. Reed, Jr., of counsel), for appellant.

Charles P. Maloney for respondent.

BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ., concur.


Per Curiam.

In this action against defendant Water Authority for damages resulting from a broken water main, plaintiff failed to serve a notice of claim pursuant to section 50-e of the General Municipal Law as required by section 1109 of the Public Authorities Law. Special Term denied defendant's motion to dismiss the complaint on the ground that "the dangerous condition was caused by servants or employees" (of the defendant) and "it is not necessary to plead...

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